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    Monday status conference: Decisions, decisions

    May 18th, 2009

    Today the U.S. Supreme Court is set to release some of the many decisions that are still pending this term, as well as orders that could include cert grants for next term. And over about two miles west of the Court, President Barack Obama continues to work out his choice to replace outgoing Justice David Souter – and has already tapped a seasoned political operative to guide the ultimate nominee through the confirmation process. White House officials say they expect Obama’s decision to be announced the end of the month.

    Meanwhile,

    Supreme battle cry: While GOP members of the Senate know they don’t have the votes to derail Obama’s Supreme Court nominee, conservative groups are preparing a game plan aimed at raising ire – and money – by dissecting the eventual nominee’s record on the issues of abortion, same-sex marriage and judicial activism. (NYT)

    High cost of doing time: The cost of imprisoning a federal defendant awaiting trial far exceeds the cost of supervision by federal probation and pretrial services officers, according to figures recently released by the Judicial Conference of the United States. (Lawyers USA)

    Republicans Gitmo support: At least one Democrat – Virginia Sen. Jim Webb – is joining Republicans in questioning Obama’s plan to shut down the Guantánamo Bay detention center. (NYT’s The Caucus)

    Groups want former AGs disbarred: Today two groups will file complaints seeking the disbarment of Bush administration Justice Department lawyers linked to memos on harsh interrogation techniques – including former attorneys general Alberto Gonzales and John Ashcroft. (AP)


    Obama to mull Court pick over the weekend

    May 14th, 2009

    Tasked with picking his first Supreme Court nominee, President Barack Obama is making a list and checking it twice this weekend – leading some to believe that an announcement could come as early as next week.

    During yesterday’s White House sit down between Obama and top ranking Senate members, Obama didn’t discuss any potential nominees by name. He did, however, stress to Senate Democratic leader Harry Reid, Republican leader Mitch McConnell, Judiciary Committee Chairman Patrick Leahy and ranking member Sen. Jeff Sessions the importance of a swift confirmation process, The Washington Post reports.

    The ultimate goal, Reid said according to senate aides, is to get the nominee confirmed before the Senate adjourns for summer recess.

    And although Obama didn’t divulge his short list to the lawmakers, White House spokesman Robert Gibbs said later that the president told them he “would choose a nominee who respects the Constitution and judicial precedent and also has the good judgment and common sense to reach fair decisions.”

    Meanwhile departing Supreme Court Justice David Souter and the other justices of the Court are scheduled to conference this morning after a 10-day recess. We’ll bring you any newsworthy developments on this blog and on LawyersUSAOnline.com.


    Obama talks Supremes with Senate’s top brass

    May 13th, 2009

    After telephoning several lawmakers in recent days  to discuss who might replace retiring Justice David Souter, today President Barack Obama will have a White House sit-down with Senate leaders as he comes closer to making his first Supreme Court nomination.

    Today Obama will meet with Senate Democratic leader Harry Reid, Republican leader Mitch McConnell, Judiciary Committee Chairman Patrick Leahy and the new top GOP member of the committee, Sen. Jeff Sessions.

    While the president has been consulting with a number of people - from lawmakers to his wife Michelle – White House spokesman Robert Gibbs says the choice will be the president’s alone.

    “I don’t think you’ll see, in picking a Supreme Court nominee, that the president is going to look for a recommendation and agree or disagree with that,” Gibbs said in an Associated Press interview. “You have a president who understands and has studied many of these issues – even taught them. This is a process that will be decided ultimately by him.”


    Supreme Court Justice Michelle Obama? Odds (and law) against her

    May 11th, 2009

    It comes as no surprise that odds makers have already calculated who they think President Barack Obama will choose to replace retiring Supreme Court Justice David Souter. But for the mini-movement pushing for the president to turn to his wife for the job, there is bad news.

    That’s because Michelle Obama’s odds for being chosen for the high court are a miniscule 500-1, according to Irish gambling website Paddy Power (via FoxNews.com). The Harvard Law School graduate, who practiced law in Illinois, also has another hurdle: a federal law banning nepotism picks. So don’t expect a FLOTUS-to-SCOTUS story, folks.

    Who will be the next justice? According to the site, 2nd Circuit Justice Sonia Sotomayor has the best chances at 13-8. Close behind her is 7th Circuit Judge Diane Wood with 2-1 odds.

    The man with the best shot at the job, according to the site, is D.C. Circuit Judge Merrick Garland. But he still faces fairly long odds 12-1.

    What about that speculation back during the campaign that Hillary Clinton might get the Supreme nod from Obama? Not so, according to the odds makers, which peg her chances at around 100-1.


    Retired justice and current jurists sing Souter’s praises

    May 7th, 2009

    The U.S. Supreme Court has released statements from Justice David Souter’s eight bench mates as well as his former colleague, Justice Sandra Day O’Connor, who is currently the Court’s only retired justice.

    O’Connor called Souter “a superb human being.  He is brilliant, witty, wise, and wonderful.  He will be greatly missed.”

    Justice Ruth Bader Ginsburg, who sits next to Souter on the bench, said: “Among jurists with whom I have served, Justice David H. Souter is the very best.”

    “His level of preparation for the cases we consider is astonishing,” Ginsburg continued.  “He works so hard at getting it right.  He is a genuinely caring man and a model of civility.  Never have I heard him utter a harsh or unkind word.  I count it my great good fortune to have known him as a working colleague and dear friend.”

    More praise after the jump

    Read the rest of this entry »


    Obama’s Supreme method under wraps

    May 7th, 2009

    Alleged short lists of President Barack Obama’s favored possible Supreme Court nominees have been circulating in the press since before he was elected. But the White House is doing everything it can to be sure process of selecting a successor to retiring Justice David Souter is leak free.

    Early in the transition the Obama administration had a problem with cabinet picks being leaked long before they were announced, irking the nominees. This time, Obama’s keeping all discussions close to the vest, tapping a small group team of top administration officials to handle the matter and, hopefully, keep a lid of Obama’s decision until he is ready to release it, The Washington Post reports.

    So we don’t know who is leading Obama’s list. But most reports are still betting on New York federal appellate Judge Sonia Sotomayor, a move that would give the court another woman and its first Hispanic justice.


    Souter says goodbye to circuit

    May 6th, 2009

    Speaking publicly yesterday for the first time since tendering his letter of resignation to President Barack Obama, Justice David Souter said he didn’t intend for news of his retirement to have gotten out just yet.

    “I swear to you I was not the leak,” he said, speaking at a gathering of judges and members of the 3rd Circuit bar according to the AP. As a justice, Souter handles appeal requests coming from that circuit.

    But Souter got emotional at one point during the address. He recounted asking his predecessor, the late Justice William Brennan, if he had a message for the 3rd Circuit community before Souter addressed them for he first time.

    “Just give them my love, David. Just give them my love,” Souter remembered Brennan saying. “That goes for me, too.”


    Monday status conference: Soutermania

    May 4th, 2009

    This morning the U.S. Supreme Court is set to release opinions, cert grants and other orders, just like it does on most Mondays of the term. But the subtext today is much different after last week’s news that Justice David Souter will soon step down after 19 years on the Court.

    The speculation over the implications of Souter’s retirement is rippling across the street from the Court, where Senate lawmakers are pondering how the confirmation process of Souter’s successor will go.

    And at the White House President Barack Obama and his advisors are working to come up with a candidate that will get Senate support, also mindful that the nominee could help shape the complexion of the Court for years to come.

    Meanwhile,

    Senate takes on credit card bills: A bill aimed at boosting consumer protection will see action in the Senate this week, but there is a small distraction: all the talk about a replacement for retiring Justice David Souter. (NYT’s The Caucus)

    Raising the roof (crush standard): The National Highway Traffic and Safety Administration has issued its final rule on the standard for roof safety, doubling the requirement of weight that a vehicle’s roof must be able to withstand. (Lawyers USA)

    Disparity for crack called wack: A representative of the U.S. Sentencing Commission is urging members of Congress to pass legislation reducing the disparity between sentences for crack and powder cocaine offenses. (Lawyers USA)

    Obama targets tax cracks: President Barack Obama will announce a new tax policy today that crack down on some tax loopholes used by corporations with international divisions and individuals. Obama also plans to ask Congress for 800 new federal tax agents to enforce the new rules. (AP)


    Granholm and Patrick: We’re focused on our current jobs

    May 1st, 2009

    Michigan Gov. Jennifer Granholm, who is widely believed to be on President Barack Obama’s Supreme Court nominee short list, told NBC’s Andrea Mitchell this afternoon that she is focused on her current job.

    While Granholm did not rule out the possibility of considering a nomination to fill outgoing Justice David Souter’s seat if offered her, she said right now she is focused on her home state and its economic woes, particularly its flailing automobile companies.

    “I am really focused on being the governor of Michigan,” Granholm told Mitchell. “We are going through such a crisis at this moment. I really intend to serve out the rest of my term.”

    UPDATE: Another Governor is echoing Granholm’s sentiments.

    Massachusetts Gov. Deval Patrick, also believed to be on the list, is  saying he too is focused on his current position – while not ruling out the option of taking a Supreme Court appointment if his longtime friend Obama offers it.

    “I’m 120 percent focused on doing this job right now, and we’ve got a lot to do and I’m going to stay focused on that,” Patrick said today according to the AP and The Boston Globe.

    When asked pointedly whether he would reject a high court nomination, Patrick demurred: “I want to do this job, OK? I really do. Thank you.”


    Report: Justices tried to talk Souter out of retiring

    May 1st, 2009

    This morning The Washington Post reports that Supreme Court Justice David Souter’s colleagues on the bench tried to convince the justice not to retire. But Souter, weary of Washington living, had told friends that Barack Obama’s presidential victory was his ticket back to New Hampshire.

    The notoriously private justice has made no public comment about his retirement plans. Sources tell news organizations that he has informed President Obama of his intention to step down. The White House has yet to make an official comment on Souter’s plans, but aides are said to be compiling a list of potential nominees to replace him.

    Souter, has long been rumored to be pondering retirement due to his unhappiness living in Washington, DC. A friend of the justice told Post that Souter made no secret of his desire to exit. “He said, ‘If Obama wins, I’ll be the first one to retire,’” said the friend, who spoke to the Post on the condition of anonymity. Other friends told The New York Times that Souter wishes to return to his New Hampshire home while he is still young enough to mountain climb. At 69, Souter is the fourth youngest justice on the bench after Chief Justice John G. Roberts, Jr. and Justices Samuel Alito and Clarence Thomas.

    Meanwhile, it was business as usual today for the justices. This morning he drove himself to the Supreme Court building from his Washington apartment to attend a regularly-scheduled private conference of the justices. He said nothing to reporters as he left.